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Delhi Court April 2018 Judgments

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Apr 04 2018

Dinesh Kumar vs.bhagwan Mahavir Hospital & Ors.

Court: Delhi

Decided on: Apr-04-2018

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:04. 04.2018 RSA532018 & CM Nos. 12678-82/2018 ..... Appellant Through: Mr. Aseem Kr. Katoch, Advocate. DINESH KUMAR CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI Versus BHAGWAN MAHAVIR HOSPITAL & ORS. Through: None. ........ RESPONDENTS NAJMI WAZIRI, J (Oral) This second appeal impugns an order dated 05.03.2018 dismissing the 1. appellants first appeal, being RCA No.75/17, against a decree in a Civil Suit No.619directing vacation of the suit property i.e. a kiosk located in the premises of respondent No.1.2. The facts of the case are that the appellant/plaintiff had filed a suit seeking a mandatory injunction against his eviction from the kiosk being run by him, with permission of respondent No.1. The suit was dismissed on 22.08.2017 and a cost of Rs.1,00,000/- was imposed by the learned Trial Court which was of the opinion that the appellant/plaintiff had resorted to luxury litigation. His appeal against the same was d...


Apr 04 2018

Union of India vs.rama Paper Mills Limited

Court: Delhi

Decided on: Apr-04-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h April, 2018 ........ Petitioner Through: Mr.Jaswinder Singh, Adv. ..... Respondent $~37 * UNION OF INDIA + O.M.P. (COMM) 139/2018 versus RAMA PAPER MILLS LIMITED Through: Nemo CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) IA No.4343/2018 Exemption allowed, subject to all just exceptions. O.M.P. (COMM) 139/2018 & I.A.No.4342/2018(stay) 1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the arbitral award dated 8th May, 2017 passed by the Sole Arbitrator adjudicating the disputes between the parties that had arisen in relation to the agreement for purchase of newsprint dated 11th April, 2013 executed between the parties.2. The dispute between the parties was in relation to the deductions made by the petitioner from the invoices raised by the respondent towards the supply of the newsprint, on th...


Apr 04 2018

Balaji D and Anr. Vs.air India Engineering Services Limited and Anr.

Court: Delhi

Decided on: Apr-04-2018

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of order : April 04, 2018 W.P.(C) 3194/2018 & CM Nos.12697-98/2018 BALAJI D AND ANR. ........ Petitioners Through Mr.Virender Singh Kadian, Advocate versus AIR INDIA ENGINEERING SERVICES LIMITED AND ANR. Through: Ms.Suruchi Suri, Advocate for R-1 ........ RESPONDENTS Ms.Anjana Gosain, Ms.Rabiya Singh Thakur and Ms.Shalini Nair, Advocates for R-2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1.... Petitioners claim that they are Trainee Aircraft Maintenance Engineers and in this writ petition, they seek a mandamus to first respondent to place them in A&C Trade and to include the name of petitioners for the forthcoming Director General Civil Aviation Approved B-1 Course conducted by respondents. Learned counsel for petitioners submits that the aforesaid B-1 Course is likely to commence this month only. Learned counsel for petitioners claims that the relief as claimed in this petition was sought from the respondents by way of ap...


Apr 04 2018

Lalan Rai vs.union of India & Anr

Court: Delhi

Decided on: Apr-04-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~26 * + W.P.(C) 3180/2018, CM No.12617/2018 & CM No.12618/2018 LALAN RAI ........ Petitioner Through: Mr. J.P.Shukla and Ms. Shipra Shukla, Advocates. versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Mr. Rajesh Kumar and Mr. Pradeep Jha, Advocates. CORAM: HONBLE MS. JUSTICE HIMA KOHLI HONBLE MS. JUSTICE PRATIBHA RANI ORDER0404.2018 The present petition has been filed by the petitioner, who is aggrieved % 1. by the judgment dated 31.10.2017, passed by the Central Administrative Tribunal dismissing the Original Application filed by him praying inter alia for issuing directions to the respondent No.2/Staff Selection Commission to regularise his services in Group-D with effect from the date his juniors were regularised, alongwith all the consequential benefits. By the impugned judgment, the Tribunal has dismissed the petitioners O.A. holding that he did not fulfil the twin conditions laid down in the DoPTs Scheme dated 10.09.1993, that beca...


Apr 03 2018

India Affordable Housing Solutions (Iahs) & Anr vs.konark Infra Develo ...

Court: Delhi

Decided on: Apr-03-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:19. h March, 2018 Pronounced on:03. d April, 2018 CS(OS) 82/2014 INDIA AFFORDABLE HOUSING SOLUTIONS (IAHS) & ANR ..... Plaintiffs Through: Ms.Sangeeta Tomar, Advocate. versus KONARK INFRA DEVELOPERS PRIVATE LIMITED & ORS ..... Defendants Through: Mr.Samdarshi Sanjay, Adv. for + defendants No.5 & 6. Col.Rajnish Soni/D-2 in person. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.IA No.10345/2014 1. This application is under Order 37 Rule 3 (5) of the Civil Procedure Code moved by defendants No.1 to 3 for leave to defend in a suit filed against the defendants for recovery of 3.00 Crore with pendentelite and future interest @ 18% pa with costs of the suit.2. Before coming to the application, let me state the brief facts as under:-"IA No.10345/2014 in CS (OS) No.82/2014 Page 1 of 13 a) The Government Officers Welfare Organisation (GOWO) is a registered trust and a non-profit organization which aim at providing low cost and...


Apr 03 2018

M/S. Kailash Ribbon Factory Ltd. Vs.vinod Pandey

Court: Delhi

Decided on: Apr-03-2018

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:03. 04.2018 W.P. (C) 1973/2017 & CM APPL. 8725/2017 M/S. KAILASH RIBBON FACTORY LTD. ....... Petitioner Through: Mr.Raj Rishi, Advocate. versus VINOD PANDEY ..... Respondent Through: Mr.R.S.Jena, Advocate with respondent in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(ORAL) 1. This writ petition is disposed of by the consent of the learned counsel for the parties in the following terms:-"(i) That the petitioner shall pay a total sum of Rs.30,000/- to the respondent in complete satisfaction of the impugned order dated 13.10.2016. (ii) The amount of Rs.30,000/- deposited by the petitioner shall be released by the Registry to the respondent and on such release, the respondent shall not have any claim covered by the impugned order dated 13.10.2016 against the petitioner. W.P. (C) 1973/2017 Page 1 of 2 (iii) This shall be without prejudice to the rights and contentions of both the parties in Industrial Dispu...


Apr 03 2018

Hdfc Bank Ltd vs.suhrit Services Pvt Ltd & Anr.

Court: Delhi

Decided on: Apr-03-2018

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:3. d April, 2018 + RFA902017 HDFC BANK LTD ..... Appellant Through: Mr. Punit K. Bhalla, Advocate. versus (M:9810080772) SUHRIT SERVICES PVT LTD & ANR. Through: None. ........ RESPONDENTS CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) CM APPL. 3036/2017 (delay) 1. Delay is condoned subject to costs of Rs.5,000/- to be deposited with the Delhi High Court Legal Services Committee. CM is disposed of. RFA902017 2. The present appeal arises out of the impugned judgment and order dated 9th May, 2016 by which the suit filed by HDFC Bank - Appellant/Plaintiff (hereinafter, Plaintiff) against the Defendants/Respondents (hereinafter, Defendants) was dismissed on the ground that the provisions of Section 65B of the Indian Evidence Act, 1872 (hereinafter, Evidence Act) were not complied with.3. Briefly stated - a suit for recovery was filed seeking recovery of a sum of Rs.8,26,397/- against the Defendant Nos.1 & 2. Defen...


Apr 03 2018

Director of Income Tax Delhi vs.the Delhi Public School Society

Court: Delhi

Decided on: Apr-03-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:15. 03.2018 Pronounced on:03. 04.2018 ITA10862005 DIRECTOR OF INCOME TAX (EXEMPTION) ..... Appellant versus THE DELHI PUBLIC SCHOOL SOCIETY ..... Respondent And connected matters: + + + + W.P.(C) 5340/2008 + + ITA5012008 ITA5212008 ITA6052008 ITA6092008 ITA14322010 Present : Ms.Vibhooti Malhotra, Adv. for appellant in ITA Nos.1086/2005, 501/2008, 521/2008, 5340/2008, 609/2008 & 1432/2010. Mr.Puneet Rai, Adv. for appellant in ITA No.605/2008. Mr.M.S.Syali, Sr.Adv. with Mr.Satyen Sethi, Mr.Arta Trana Panda, Mr.Mayank Nagi, Ms.Gargi Sethee and Mr.Mohit Jhamb, Advs. for respondent in ITA Nos.1086/2005, 501/2008, 521/2008, 605/2008, 609/2008 & 1432/2010 and for the petitioner in ITA No.5340/2008. Mr.Anurag Ahluwalia, CGSC for UOI in ITA No.5340/2008. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA S. RAVINDRA BHAT, J.Page 1 of 2 The assessees writ petition (Writ Petition (Civil) No.5340/2008) is allowed ...


Apr 03 2018

Nilofer Rizvi vs.jamia Millia Islamia and Ors.

Court: Delhi

Decided on: Apr-03-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 03, 2018 W.P.(C) 133/2016 NILOFER RIZVI ........ Petitioner Through: Mr. S.K. Rungta, Senior Advocate with Mr. Shivankar Shukla and Mr. Prashant Singh, Advocates versus JAMIA MILLIA ISLAMIA AND ORS. ....Respondents Through: Mr. Apurb Lal and Ms.Meenu Pandey, Advocates for respondents No.1 & 2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Non-availability of funds is the reason put forth in the impugned Communication of 11th December, 2015 (Annexure-A) by respondent- University, when petitioner vide her applications of 28th September and 4th November, 2015 had sought gratuity and leave encashment payable to her. It is the case of petitioner that she had joined as Programme Assistant in Population Education Project, SRC, Jamia Millia Islamia w.e.f. 11th January, 1988 on ad-hoc basis. As per petitioners appointment letter of 14th May, 1990 (Annexure-C), petitioner had applied on 14th December, 1989 for the post of Pr...


Apr 03 2018

Dr. Nishtha Midha vs.director General of Health Services and Ors.

Court: Delhi

Decided on: Apr-03-2018

$~28 to 32 & 40 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision 03.04.2018. + W.P.(C) 3033/2018 & CM No.12102/2018 DR. NISHTHA MIDHA ........ Petitioner Through: Mr.Suhail Malik & Mr.Vikas Malik, Advs. versus DIRECTOR GENERAL OF HEALTH SERVICES AND ORS. ........ RESPONDENTS Through: Ms.Monika Arora, CGSC with Mr.Vibhu Tripathi, Adv. for UOI. Mr.Mohinder J.S. Rupal, Mr.Prang Newmai & Ms.Slomita Rai, Advs. for DU. + W.P.(C) 3035/2018 & CM No.12105/2018 DR KARANDEEP SINGH ........ Petitioner Through: Mr.Suhail Malik & Mr.Vikas Malik, Advs. versus DIRECTOR GENERAL OF HEALTH SERVICES AND ORS. ........ RESPONDENTS WP (C) No.3033/2018 & conn. Page 1 of 9 Through: Ms.Monika Arora, CGSC with Mr.Vibhu Tripathi, Adv. for UOI. Mr.Mohinder J.S. Rupal, Mr.Prang Newmai & Ms.Slomita Rai, Advs. for DU. + W.P.(C) 3037/2018 & CM No.12110/2018 DR KARTIK SAHANI ........ Petitioner Through: Mr.Suhail Malik & Mr.Vikas Malik, Advs. versus DIRECTOR GENERAL OF HEALTH SERVICES AND ORS. ........ RESPO...



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